Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 336

Signature to electoral paper

  (1)   Every electoral paper which by this Act or the regulations has to be signed by any person shall be signed by that person with his or her personal signature.

  (2)   Where a person who is unable to sign his or her name in writing makes a mark as his or her signature to an electoral paper, the mark shall be deemed to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness:

Provided that nothing in this section shall authorize any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where the Act or the regulations require that the electoral paper be signed in the persons' own handwriting.

  (3)   A person shall not make the signature of any other person on an electoral paper.

Penalty:   10 penalty units.

  (4)   Subsection   (3) shall not affect the liability of any person to be proceeded against for forgery, but so that a person shall not be liable to be punished twice in respect of the same offence.

  (5)   In this section, electoral paper includes a prescribed form and an approved form.

Note:   An approved form and signature may be electronic (see paragraph   (b) of the definition of approved form in subsection   4(1) and section   10 of the Electronic Transactions Act 1999 ).


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